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PEOPLE STATE NEW YORK EX REL. JAMES MORRIS v. GEORGE F. MCGRATH (11/21/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43623 <http://www.versuslaw.com>; 243 N.E.2d 753; 23 N.Y.2d 703 decided: November 21, 1968. THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES MORRIS, JIMMY WILLIAMS AND LESLIE WILLIAMS, APPELLANTS,v.GEORGE F. MCGRATH, AS COMMISSIONER OF CORRECTION, RESPONDENT People ex rel. Morris v. Commissioner of Correction30 A.D.2d 1051, affirmed. William M. Kunstler, Arthur Turco, Gerald B. Lefcourt and David M. Goldbeck for appellants. Elliott Golden, Acting District Attorney (Frank Di Lalla of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


People ex rel. Morris v. Commissioner of Correction30 A.D.2d 1051, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 We find insupportable the arguments advanced by the appellants, namely, (1) that the failure of the Governor to grant a hearing before issuing his extradition warrant denied appellants due process of law; (2) that the arrest of appellants prior to the receipt by the Governor of the State of New York of an extradition request from the Governor of the State of Maryland was impermissible and (3) that appellants' privilege against self incrimination was abridged by the procedure adopted by the habeas corpus court below.

Disposition

Order affirmed, without costs.

19681121

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